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03 January 2008 / David Corker , John Binns
Issue: 7302 / Categories: Features , Legal services , Procedure & practice , Profession
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False economies

Recent failures have exposed serious flaws in the prosecution's tactics in carousel fraud cases say John Binns and David Corker

Prosecuting carousel fraud—a pernicious VAT scam—is the responsibility of the Revenue and Customs Prosecutions Office (RCPO). Undoubtedly RCPO’s main activity is, and always has been, the prosecution of this type of fraud. A variant on missing trader intra-community (MTIC) fraud, carousel fraud exploits the fact that sales of goods across EU borders are zero-rated for VAT. Instead, when a UK importer, for example, sells a consignment of mobile phones to his UK customer, the entire amount of VAT he receives has to be paid to HM Revenue & Customs (HMRC).The goods are sold on through a number of UK companies (buffers) before finally being exported back to the EU trader where they started. The UK exporter is entitled to reclaim the VAT he has paid back from HMRC, mostly comprising the sum the importer should have paid at the start, and the EU trader is able to start the process again. RCPO was

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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